How Injury Lawyers Can Help
Severe injuries can cost thousands, or millions in medical bills, lost wages and reduced quality of life. Injury lawyers can assist victims navigate the complex legal processes as well as the confusing medical terminology and a mountain of paperwork.
They can also handle communication with insurance adjusters, write interrogatories and depositions, and provide expert witness testimony. They also can defend clients from personal injury lawsuits brought by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice is a type of personal injury in which the hospital or doctor fails to meet the standards of care in treating their patient. This can lead to serious injury and even death. Medical malpractice injuries are often complex and require extensive legal work. Our lawyers are skilled in these types of cases and will fight for you to receive the compensation you deserve.
Doctors must undergo specific training to be able to treat patients. However, even the most well-trained doctors are susceptible to errors which can result in serious injuries or even death to the patient. These mistakes can range from prescribing the wrong medication to leaving a foreign object in the patient's body after surgery.
In most states four elements must be proven in order to be successful in a claim for medical malpractice. This includes the existence of the duty of care owed by your healthcare provider; breach of that duty by the failure to follow medical standards; a causal relationship between the breach and the injuries; and an amount of the damages resulting from the injury. Your lawyer will make use of a variety of resources, including expert witnesses, to establish your case.
Your injury lawyer will review your medical and hospital records to determine if you suffered an injury due to the negligence of the medical professional. Then they will work closely with medical professionals to determine the reason for your injuries and link them to the actions of your physician. This is crucial since lawyers representing the defendants will attempt to argue that your injuries are caused by pre-existing conditions or the result of another reason, like an underlying health condition.
New York laws are geared more toward protecting hospitals and doctors rather than injured patients. This makes it difficult to bring these claims to trial. It is crucial to act quickly because there is a very limited time frame for filing a medical malpractice case. Contact an New York medical malpractice attorney at the Cochran Firm in the event that you suspect you or someone you love may have been a victim of medical negligence.
Auto Accidents
A variety of causes can result in car accidents, from speeding on the highway to bumper-to-bumper traffic or pedestrians crossing the street. Each factor has an impact on the injuries victims of accidents suffer. As a result, it is important for an injury lawyer to be familiar with the specifics of automobile accidents. Knowing this information can help to determine who is responsible as well as evaluate the damage to property and evaluate the severity of any physical or mental injuries.
In addition, an experienced lawyer for car accidents can also serve as your advocate when dealing with insurance companies or defendants. They will ensure that you don't receive low-ball offers, and will ensure that you receive compensation for your losses. This is especially important since many injured people will simply accept the first offer out of convenience or because they think that the amount of compensation will be enough to cover their expenses.
If your injuries are at a level New York State deems to be "serious," then you may be entitled to additional compensation that is higher than what the insurance company is offering. If your injury lawyer is familiar with the threshold and the threshold, they'll be able to guide you on whether or not you are eligible for more compensation under the state's strict comparative negligence law.
Even if you're covered by insurance it's best to speak with an experienced New York City auto accident lawyer as soon as you can. A lawyer can handle the paperwork and deadlines, so you can focus on your recovery. They can also negotiate with the insurance company on your behalf, and can often negotiate an offer that is better than what you could have obtained on your own.
Keep track of all medical expenses and treatments, as well as any losses in income or property damages. This will increase your odds of success and assist you establish your case. Additionally, it's helpful to have an expert witness who can confirm that your injury was a direct result of the crash and not something that happened before or after.
Premises Liability
Injuries that happen on someone other's property are covered under premises liability cases. These incidents are usually caused by negligence or lack of diligence on the part of the property owner. This can be due to unsafe or unsafe conditions, like elevators that are malfunctioning, swimming pool accidents and toxic fumes that have not been adequately warned of. A lack of safety or security equipment, such as fire alarms, may be deemed to be negligent.
In order to bring a successful lawsuit against the property owner, the victims must prove they have violated their duty to maintain the property in a safe condition. If, for example, an employee was hired to paint a ceiling, and fell through a cracked tile the property owner could be held responsible. Other examples of negligent maintenance might include:
The law determines the extent to which a property owner must maintain their property in a safe and secure condition and this is governed by state case precedents. A few of these guidelines can be found in the city's ordinances and regulations. The duty of the property owner depends on the purpose of the visitor as well as his status.
A guest staying in a hotel on business is categorized as an invited guest. This means that the hotel needs to offer a safe and secure environment for guests, however it is not as broad as the duty of care owed to the trespassers.
In Suggested Webpage involving the property in danger the victim is required to take reasonable care for their own safety. If, however, he she is found to be partially responsible for the incident, recovery will be reduced by his or her percentage of negligence.
When choosing an injury lawyer, inquire about their experience handling premises liability cases, and whether or not they've won compensation for their clients. You should also inquire about the lawyer's knowledge of local laws and procedures that apply to your case. It is essential to select an attorney with a successful track record, especially when dealing with claims that have complicated issues and huge payouts.
Product Liability
The laws governing product liability define the manner in which victims can be compensated for injuries caused by defective products. Anyone who has suffered injury as a result of an unsafe or defective product can file a suit against the manufacturer, distributors, and retailers involved in its manufacture. Distributors, wholesalers, and retailers who sold the item are included in this. In some states where repair or rebuild products could be held accountable in certain circumstances.
Lawyers who specialize in injury know the rules that govern these cases and can ensure that your compensation claims are legitimate. An experienced lawyer can also negotiate on your behalf with the insurance company. The goal of any compensation claim is to provide you with enough money to place you in the same financial position that you were in before the accident happened. This includes covering all of your expenses including any loss of earnings, damaged property physical impairments, medical bills loss of enjoyment life, emotional distress, and loss of consortium.
In most product liability cases the lawyer must show that the defective product was present in the moment it left the defendant's control or possession. This could be done by proving that it was defective in its design, manufacturing or warning label. Your lawyer might also have to disprove any notion that the defect was caused by improper handling or damage.
It is also important to keep in mind that statutes of limitations (the period in which you are able to file suit) apply to product liability cases. This law was designed to allow claimants to pursue a case in the event that the evidence is fresh and the eyewitness testimony is still vivid. If you fail to meet the deadline, your claim could be rejected by the court.
Our experienced injury lawyers have successfully dealt with many cases involving defective products and can help you as well. Contact us today to schedule an initial consultation for free when you are ready to talk about your case with our attorneys.